Chapter on the Two Arbitrators

When relations between a husband and wife deteriorate, their discord grows severe, their complaints become frequent, and neither party can furnish proof while every attempt at conciliation has failed, the ruler, judge, or magistrate to whom they have brought the case appoints two arbitrators: one from the husband’s family and one from the wife’s. Both must be upright, clear-sighted, and versed in jurisprudence. If no such person is found among their respective families, the ruler selects two just and knowledgeable men from outside their kin—but only after confirming that no qualified relatives are available.

This procedure applies when it is unclear which spouse is at fault and the true nature of the dispute cannot be ascertained. If the wrongdoer is known, that party is compelled to restore the other’s rights and to remove the harm.

Once the ruler appoints the arbitrators and instructs them to seek reconciliation, they must exert every effort to achieve it. Should they find reconciliation impossible, they may separate the couple; if they judge it best to keep them together, they may do so. Their decision to separate is binding on the spouses, whether or not it accords with the ruling of the local judge and whether or not the spouses had formally authorized them. Such a separation counts as an irrevocable divorce.

The husband and wife may also appoint the two arbitrators on their own, without referring to the authorities. If the husband is the one at fault, the arbitrators separate them without requiring any payment, and they are not permitted to take anything from the wife in return for obliging the husband to divorce her.